An ICE facility has detainees sleeping on the floor. A judge says no more.
The Trump administration must improve conditions at a Lower Manhattan immigration holding facility where a government lawyer acknowledges detainees are sleeping on the floor, a federal judge ruled Tuesday.
Immigration and Customs Enforcement is packing detainees into a holding area without beds, showers or medical support, according to a class-action lawsuit filed by the ACLU on behalf of detainees. For more than a week, people go to sleep each night on a concrete floor next to toilets without medication nor a way to bathe, and they receive “at most only two small meals a day,” attorneys for the detainees wrote.
Conditions in the holding area in a federal building at 26 Federal Plaza became widely known after a video from inside the facility was released last month by the New York Immigration Coalition, an advocacy group. The video showed rooms packed with people sleeping on aluminum blankets on the facility’s floor.
Judge Lewis A. Kaplan of the Southern District of New York ordered Tuesday that holding rooms must have at least 50 square feet per person, be cleaned three times a day and have a clean bedding mat for each detainee.
The lawsuit names ICE, the Department of Homeland Security and four top officials at those agencies as defendants.
“This order and this lawsuit are driven by complete fiction about 26 Federal Plaza,” Homeland Security Assistant Secretary Tricia McLaughlin said Wednesday in an email to The Washington Post. She added, “Any claim of subprime conditions at ICE facilities are categorically false.”
However, attorney Jeffrey S. Oestericher, who represents the government, said during a hearing Tuesday that the lawsuit is correct about sleeping conditions for detainees.
“There is no factual dispute that there are no beds in these holding rooms and that they are not provided with sleeping mats. They are only provided with blankets,” Oestericher said.
Kaplan criticized the government for not letting detainees access confidential legal counsel, according to a transcript of Tuesday’s hearing. He ordered the facility to ensure lawyers have a phone number to call to schedule time with their clients.
Oestericher had argued in the hearing that the move wasn’t necessary because detainees are allowed to make a phone call when they arrive and their stays are short-term. The judge was unmoved, responding: “I think, at least preliminarily, we are going to have to agree to disagree about that.”
Attorney Heather Gregorio, who also represents the detainees, described the facility as having “inhumane and horrifying conditions.” She said the lawsuit includes eight accounts from people who had recently been held there.
The lawsuit says that when an attorney tried to contact Sergio Alberto Barco Mercado — a New Jersey father of two who was taken into custody there Friday after a scheduled court appearance — the attorney “was refused access to his client” when he went to the facility.
“An ICE agent responded that visitations are prohibited for individuals detained at 26 Fed, and that he could not call 26 Fed to set up a call with his client. He subsequently called the number listed on the ICE public website as the telephone to contact ICE at 26 Fed, but was not able to set up an attorney call with his client,” according to the lawsuit.
Mercado also had an infected tooth but didn’t receive required medical attention, his attorneys wrote. They added that a detainee who had survived a stroke did not receive his medication, which led to “dangerously high blood pressure.”
The processing area is composed of four ICE holding rooms that vary in square footage from 173 square feet to 820 square feet, said Nancy Zanello, assistant director of ICE’s New York City Field Office of Enforcement and Removal Operations, according to a court filing. Each room has at least one toilet and sink, and soap is made available to detainees, she said.
The maximum capacity set by the fire marshal for the ICE holding rooms is 154 people, she said, and as of Monday, there were 24 people being held there.
McLaughlin, the DHS spokesperson, said the 26 Federal Plaza facility serves as a processing center to briefly hold detainees before they may be transferred to a proper ICE detention center.
DHS will appeal the order, she said, and “ICE enforcement operations will continue at full speed.”